504 OVERVIEW

Section 504 is a
federal law which prohibits discrimination against persons with disabilities.

The law provides:

No otherwise
qualified individual with a disability. . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be
subjected to discrimination

under any program or
activity receiving Federal financial assistance.

29 USC § 794

One of the principal purposes of Section 504 is to ensure
that students with disabilities are not denied access to
educational facilities, programs, and opportunities on the basis of their
disability.

For a student to have a disability which may be protected
under this law, he or she must: (1)
have a mental or physical impairment, (2) which substantially limits, (3) one
or more major
life activities.

For a student to be considered an "eligible
student" under Section 504, all three criteria must be
fulfilled.

Under
Section 504, schools that receive federal funds may not discriminate against eligible students with disabilities. Section 504
also protects students who have a record of a disability, and students who are regarded as having a disability.
Discrimination against students in
either category is prohibited under Section 504.

Section
504 requires the District to provide a free appropriate public education
("FAPE") to each eligible student who has a physical or mental
impairment which substantially limits a major life activity. Under Section 504,
FAPE consists of the provision of regular or special education
and related aids and services designed to meet the student's individual
educational needs as adequately as the needs of non-disabled
students are met and in accordance with Section 504 requirements pertaining
to educational setting, evaluation, placement, and procedural safeguards.
The FAPE obligation extends to all students described in this paragraph,
regardless of the nature or severity of their disability